Bob Fletcher

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Posts posted by Bob Fletcher


  1. Everyone fighting Johnson MarkMidland in Utah should read the following link. The Judges are rubber stamping the Midland affidavits produced for MSJ. There is also a note at the end regarding Statute of Frauds

     

    http://scholar.google.com/scholar_case?case=4602771507598545236&q=portfolio+recovery+v+migliore&hl=en&as_sdt=4,45

     

    Would be interested in any comments on this decision!


  2. Considering your health issues, etc., it might be that bankruptcy would be a good option. It will depend upon whether or not you have assets you want to protect, but most Bankruptcy Lawyers will provide an initial free consult. I would recommend meeting with 2-3 different ones. Not sure what BK costs in NJ, but will be around $1500 - $2000 for a chapter 7. Your credit will repair quite rapidly after filing for BK, it takes about 2 years compared to a minimum of 7-8 with judgments and you will be relieved if all the pressure. Good Luck!!  xkingx

    • Like 1

  3. Okay, I will file them today. But, if these requests will help me win my case, why wouldn't they object about me filing them past the deadline?

     

    Let's see if they object. If they do you can answer their objection, by saying something about not hearing from the Plaintiff and thinking they had perhaps given up on the suit, (or something like that). Maybe we can get some assistance from the board when and if that happens. As a pro se, there is a good chance the judge will give you some room for the mistake.


  4. I didn't know until recently that I was supposed to send my own Request for Admissions and Request for Documents to the Plaintiff. Today, as I was preparing them, I found some Utah Rules of Civil Procedure with stated deadlines for discovery. Because of the above quote, I thought I had 180 days, which would have given me until about May 13, but the rules say that damages for less than $50,000 only have 120 days for discovery. Since the initial summons was served Nov 13, it appears that the deadline for discovery would have been around March 13, over a month ago. Is there anything I can do to extend that amount of time? Or do I now have no chance of sending my Requests?

     

    And, if the deadline did pass a month ago, wouldn't the Plaintiffs have usually taken further action by now? I have received nothing from them since January. If I can't send my requests now, then what should my next move be? HELP. I don't know what to do.

     

    You are correct, I inadvertently put 180 days. It is 120 days. I would still submit them as I cannot remember if the time starts from the suit being filed or when you answer the suit. Because there has been inactivity does not mean this will be going away. It is better to be prepared and I would start by serving ROAs and RFDs. The judge will probably not have a problem with it unless the Plaintiff objects.


  5. In these UT rules of discovery, I was trying to find a timeline for when I should send the Request for Docs to make sure it's not too late.  In the Initial Disclosures section it says, "(a)(2) Timing of initial disclosures. The disclosures required by paragraph (a)(1) shall be served on the other parties:

    (a)(2)(A) by the plaintiff within 14 days after filing of the first answer to the complaint; and

    (a)(2)( B) by the defendant within 42 days after filing of the first answer to the complaint or within 28 days after that defendant’s appearance, whichever is later."

     

    But I can't find any timeline for discovery requests. Honestly, it's hard for me to understand everything in these rules. Is there usually a time limit on sending those? The original complaint was filed in the middle of Nov 2013, my answer was filed 28 days later, their Initial Disclosures were sent one week after that, their Request for Admissions & Request for Docs was sent about a month later, my answer to that was filed about 3 weeks after that (which was about 5 weeks ago). Is it too late for me to send the Plaintiff my Request for Admissions & Request for Docs?

     

    In Utah, the maximum time for discovery is 180 days unless Judge rules it can go longer. Your discovery requests can occur at any point during this time. My suggestion is to mention when serving requests, that discovery is ongoing and there may be additional requests. In that vein, my suggestion would be to submit only 4 requests for admission and 4 requests for documents. This way you reserve a request as things become clearer in the discovery process.

    • Like 1

  6. You are still in the discovery stage and nothing to date, except for the initial filing of the lawsuit, has been entered with the Court. It is not uncommon for periods of inactivity. Who is the Plaintiff? The lawsuits in Utah are often filed without the Plaintiff having documentation as many of the Lawsuits filed simply go to default without the Plaintiff having to do any work at all. Oftentimes the counsel for the Plaintiff is waiting on further documents from the Plaintiff when these lapses occur.

     

    Keep studying!! 


  7. what costs would you incur?  I dunno, I might be inclined to submit for a decision. ;-)  That lawyer is an arrogant bully, proactive is probably better with his kind, don't wait for him to hit first. (my very humble opinion, others may have better advice. :-)  )

     

    Costs would not be a big deal, time and travel.

     

    I was thinking about submitting for a decision, but my question would be timing. Better to submit well in advance of whenever the conference might be scheduled or just prior, (or at the time) of the pre-trial conference??????


  8. It has been a while since my last post, but here is a quick update from the beehive state:

    I was deposed in late October and  served my MIL (to preclude documents provided by the Plaintiff in initial disclosures), to the counsel for the Plaintiff the day of my deposition. As we were leaving the Depo, the attorney told me with a real cocky smile that they would be submitting the MSJ very soon.

    They answered my MIL with an opposition 5 days late according to the rules. In their answer, they said my MIL was premature in that no MSJ or court date had been filed. They also argued my MIL was longer than the rules allowed and requested the last 10 pages be stricken. This was basically their opposition to my MIL.

    In my reply, I indicated that I had combined my motion and memorandum in a single document (which is OK in Utah)and my memorandum was only 7.5 pages. The rules allow 10 pages. I also pointed out their opposition was served five days after the deadline allowed by the rules and requested their entire pleading be stricken.

    Now, according to the rules either party may ask for a decision after the moving party files their reply. Since they had not filed a MSJ, I decided to not request a decision until they filed their MSJ, since this was the big part of their opposition to my MIL. And so it has sat for over 4 months.......

     

    I received a Request for a pre-trial hearing yesterday from the Plaintiff. No reason for the pre-trial hearing was given. It was a one sentence request citing the Utah Rule. I am inclined to oppose their request for a pre-trial hearing as further harassment on a pro se defendant, especially after hearing nothing for over 4 months and with no reason given for the pre-trial hearing. Of course I will incur costs and have no idea what they want to accomplish. The last I heard, 4 months ago, they were going to file a MSJ.

     

    Any input would be greatly appreciated!!!!  Thanks in advance!

     


  9. See that's the thing. Some of those in house stamps don't have a date on them.  I've got at least 2 envelopes with no date on the postmark. And yes her name is Katia. I'm told she goes by Katy. However it was a different attorney at the hearing today. I found this odd because I'm pretty sure I received a notice of substitution of counsel that said this particular attorney was no longer employed there.

     

    Yes, I know what you mean, I recall There have been a couple with no dates.


  10.  

    I also had an interesting conversation with another Defendant in a Johnson Mark case. He mentioned to pay attention to the post marks on their mailings. He said that they are mailing stuff with an Idaho postmark that has no mailing date on it. He indicated that this was a Federal  violation as it is impossible to determine something was mailed. Anyone have any insight into this? I do have some mailings that seem to match but I wasn't sure what sort of violation he was talking about.

     

    Everything i get from them is stamped with an in house postal machine, which only marks they date when they stamp it in office. One thing I notice is it is always mailed 2-3 days after they stamp the letter. Some times more if there is a weekend involved. I can only determine this on the day I receive a communication from them. It is always received next day after they actually mail it.

     

    Is the Plaintiff's attorney's first name Katia? If so, she has only been licensed to practice law since last spring.


  11.  

    You could file for a protective order requesting that only specific information relating to the relevant dates be provided.

     

    Great suggestion, make them work!!!!  xboxingx 

     

    Regardless of how anybody feels about my opinion; it would slow the plaintiff down and cause them to put more effort into the case. The more pressure you keep on them the better chance of them dismissing. 

     

    I agree, focus on the defense, but this wouldn't take that long.


  12. @Anon Amos

     

     

     

    I agree with you, but the operative word is "proof".  At the outset of a case, that depends upon one's court rules and what must be attached to a complaint.

     

    I believe in the majority of cases in Utah, nothing is attached to the complaint and is typically provided in Disclosures. For this reason, the judge will not see proof of standing in many cases until trial or MSJ. I think the majority of cases that are challenged by the Defendant in Utah never make it to trial and end in the MSJ stage.  My suggestion is to hit the standing issue hard with proper preparation. This of course starts with discovery.


  13. @SQLguy

     

    Whether or not you settle is your decision only.   There's a number of factors to consider.

     

    1.  The judge

     

    2.  The precedential rulings by your higher courts.

     

    3.  Your garnishment laws.

     

    4.  You state law regarding property liens.

     

    Those are just a few of the considerations.  I'd schedule a consultation with Legal Aid before making a decision. 

     

    5.  In Utah, there is definitely a "good ol' Boy" thing going on in the Court System. With Judges and attorneys covering each other's rears. Just one of the reasons there is so little Utah Law to cite. Makes it especially hard for the Pro Se. If you can get some help from an attorney it might be wise to utilize it. Just don't let him take the easy was out.

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  14. Hi Spikey!

    Will the bank give me a copy of the subpoena? I would like to know just what they're asking for. Or will they alert me at the time the subpoena comes in and let me verify they have it correctly? Or can I take a copy of the order from the Judge and post it to the record to avoid them trying to pull a fast one, claiming typo mistake? Paranoid as heck, aren't I. I just go nuts at the thought that they can go into my personal papers that way.

     

    Anytime the Plaintiff sends out a subpoena, they must serve you a copy. You can rest assured it will be all encompassing. They should serve you at the same time they serve the bank. I would not spend a lot of time worrying about this. I would start working on your defense. 

    • Like 1

  15. @Bob Fletcher I assume you mean response? At this point I am putting the MIL on hold and including those arguments in my response to their Motion to Withdraw Deemed Admissions since the affidavit and supporting documents were included as exhibits to their motion.

     

    No, for the original Motion. Utah rules allow you to either file the MIL (or any Motion) and supporting memorandum either together or as separate documents. If you do as Anon Amos suggests and file 1 MIL per document, I would combine the Motion and memorandum to simplify for the Judge. You won't have to worry about the length that way!